Chalmers v. Gumm

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

Defendant in error, Charles A. Gumm, alleging himself to be “a nephew and heir at law of Fred Erichson” brought this action in the County Court of Harris County to set aside the probate of the will of Fred Erichson, deceased. The alleged grounds for. setting aside the will and the probate thereof, were: First, lack of testamentary capacity, and, second, undue influence exercised upon the testator by certain persons named as beneficiaries in the will. A trial of the case in the county court resulted in a judgment…